April
2 April - Alan telephoned William and said that he would have to choose with whom he was going to live.169
3 April - Alan failed to file his statement in relation to the injunction hearing in July.
7 April - Alan‘s solicitors applied for a fourteen day extension170.
8 April - Alan wrote to the GP and said that he had felt a little nauseous after the first couple of days of treatment so had come off the tablets for a couple of days, but was now back on them. He wrote that he was still feeling very stressed and depressed and unable to face work.
Alan had a sick note from 24/03/2003 and requested a sick note for a further period. The GP issued certificate for one calendar week.171
11 April - Alan in an email to his solicitor, noted that he had made one threat to kill Julia for which he had apologised.172
13 April - Julia and William went on holiday with C8 and his family to Mallorca.173
20 April - Julia and William returned from holiday. Accompanied by C8‘s wife and son they arrived back at Old Hallowes between 1430hrs and 1500hrs to find the front and side door locks had been super-glued. William and C8‘s son eventually dislodged the superglue in the side door and gained entry. C8‘s wife checked to see if Alan was there. Julia concluded that
169 JP diary
170 JP Affidavit 19/06/03
171 Berkshire West PCT IMR
172 Email AP to solicitor
Alan had done it. We were told that William defended his father saying that Julia always assumed it was Alan but that anyone could have done it. 174
Julia’s sixth contact with TVP (TVP Crime Report)
20 April 1855hrs (5 mins and 10 secs) telephone call made to Newbury Police Station from Old Hallowes,1900hrs (15 mins 55 seconds) telephone call made to Newbury Police Station from Old Hallowes. 175
Julia‘s call was taken by a Police Enquiry Operator at Kidlington who recorded that at 1911hrs she had telephoned and reported to the police that the front and side door locks at Old Hallowes had been super glued.176 The operator recorded that Julia had explained she had an injunction against her husband with a power of arrest and she thought Alan might have done it but was not in position to provide any evidence. The operator established Julia was safe and Alan was not present.
The operator input details on the C&C log and saw the address was ‗flagged‘ with a domestic violence marker that had been created in September 2002. The operator did not believe Julia was in any danger at that time and did not view the flagged marker; she did view whether there were reported incidents in the preceding three months; there were none. She informed Julia a colleague would call her back to take necessary details. The operator did not inform the DVC.177
At 1929hrs Julia was contacted by a Police Enquiry Centre and the crime recorded as criminal damage. Alan was included in the crime report as a suspect. The Crime Report domestic flag was set to ‗No‘.
Julia telephoned her brother C5 crying and distraught. C5 tried to reassure her, promising to call the police in order to support her earlier call to them.178
174 C8 Information to PDHR
175 Telephone records from Old Hallowes provided by C5 to PDHR C5
176 TVP MSR
177 TVP MSR
178 C5 information and Statement (1) to PDHR; C17 information to PDHR
C5 telephoned Newbury Police Station numerous times to ensure the police were aware of the significance of what had happened and referred to Sgt A by name because of his knowledge of the situation [reference to 14 and 15 September 2002]. C5 received confirmation that Alan would be interviewed and told the police about the historical, continuing and escalating threats and the injunction with Power of Arrest.179 C5 and C17 informed us that Julia had hoped that the incident would be investigated.
21 April - Crime desk at Newbury Police Station faxed a hard copy of the crime report to Pangbourne Police Station, the station with geographic responsibility for Hermitage for allocation.180
24 April - Alan‘s solicitor wrote to Julia‘s advising that Alan was suffering from depression, was not working and had no income. Alan returned an oil bill to Julia saying he could not pay it. A friend of Julia‘s gave her £5,000 and offered to continue to support her financially when she needed it.181
25 April - Alan asked William what his intentions were with regard to living with him half time as he wanted to know whether to buy a house or to go and live in France; he would be taking a loan for £600,000 to buy a house.182
28 April - 2046 hrs (14minutes 20 secs) telephone call made to Newbury Police Station from Old Hallowes.183 TVP have no record of this call.
May
During May Alan visited the howtomurder.com and murder.com websites using the computer at his office.184
179 C5 Statement (1) and information to PDHR
180 TVP MSR
181 JP statement for Interim Maintenance 1/05/03; C17 information to PDHR
182 JP diary
183 Telephone records from Old Hallowes provided by C5
1 May - Alan was locked out of his office by his business partners. Alan was off sick but had been going into the office out of hours and on several occasions left the door unlocked and on one occasion the burglar alarm had not been set.185
Julia submitted an application for interim maintenance based on advice from C5. In the statement, she noted that between October and January all the money, a large sum, had been withdrawn from a bank account in her name, using her password to which she did not have access but to which Alan did. She noted also a nil balance in the joint account and that Alan had ceased maintenance payments in March.186
1 May - (Alan‘s third consultation with GP since September 2002) the GP recorded the following:
„Depressive disorder‟ [Alan] reported still low mood; lost wife/business/house.
Anger towards wife, increasing legal cost re divorce, „now detests wife‟, unable to gain pleasure from usual pastimes, tries golf, difficulty contributing at office, High Court case re business partner March 2004. [Alan] tearful.‟187
2 May - the GP referred Alan to a private consultant psychiatrist by phone and letter:
‗I do not feel that there is an immediate risk that he will harm his wife or himself but despite an apparently good pre-morbid personality, he is having great difficulty in losing, in his own words, „my wife, my business and my house‟ and it is of concern that he is not improving on medication‟.
The letter contained information about potential risk indicators of suicide with regard to Alan.188
2 May - at Pangbourne Police Station Sgt B allocated to PC C the glued locks crime report. It was described as follows:
185 C11 information to PDHR; C14 evidence at Inquest
186 JP statement for Interim Maintenance 1/05/03
187 Berkshire West PCT IMR
188 GP letter to private consultant psychiatrist
‗This was un-witnessed. The only reason there is a named suspect is the fact that the agg. [aggrieved] Has an injunction against the suspect. There is no evidence to suggest the suspect actually caused the damage.‟189
The hard copy was reviewed by a Sgt who had responsibility for checking where the offence occurred and to reallocate the crime to the relevant shift. PC C made telephone contact with Julia.190
2 May - Julia received a letter ostensibly from Alan‘s company cancelling her private health cover on the basis of her intended divorce. Julia was still receiving treatment for breast cancer.191
2 May – Alan‘s company received a letter from BUPA requesting confirmation that the private health care for Julia was to be cancelled. It emerged Alan had sent a letter to BUPA on company headed paper and signed it from the directors, none of whom were aware of what he had done. Alan was angry when they put a stop to his attempt to cancel Julia‘s health cover.192
5 May - Julia wrote to the company group secretary who confirmed he had been unaware of the letter to BUPA and her health cover would not be cancelled193.
8 May - (Julia‘s fifth consultation with the GP since September 2002) the GP recorded:
‗Insomnia, initial and delayed, 6 weeks, no low mood, worries, financial worries, aware husband off work, maintenance request not forthcoming, son distressed.
Sleeping tablets prescribed for insomnia. Vasovagal attacks – once standing after breakfast the second standing from sitting.‟194
189 TVP Crime Report Notes
190 TVP MSR
191 Letter to JP from Alan‘s company; JP Affidavit 19/06/03
192 C11 information to PDHR
193 JP letter to Company Secretary
10 May - Alan finished work.195
13 May - Julia recorded in her diary William had told her on returning from a meal with Alan:
„Dad will never let us lead a normal life all this will end up with you being killed dad could even kill me.‟
The next day Julia took William out of school for the afternoon.
15 May – Alan delivered to Old Hallowes in an envelope addressed to William, a copy of Julia‘s Affidavit dated 17 September 2002. Alan had annotated Julia‘s Affidavit with expletives and angry and abusive comments which Julia believed to be death threats; in her Affidavit (19 June 2003) she stated ‗took me back to how I felt when he first made threats against my life.‟196
Julia intercepted the envelope and called her solicitor who advised her to report the matter to the police.
Julia’s seventh contact with TVP (note handwritten by TVP officer)
Julia in some distress and her brother C5 went to Newbury Police Station to report Alan had delivered an annotated copy of Julia’s Affidavit to Old Hallowes.
They met a uniformed officer described by C5 as ‗antipodean‟197 who promised to help. C5 told him about the seriousness of the development, the context, the Injunction with a Power of Arrest and the history of continuing death threats. „Between us we did our best to ensure that the police could be under no illusion as to the seriousness of this development.‟198
The Officer gave C5 his mobile phone number. C5 asked the officer to alert Sgt A (who was involved over the weekend of 14 &15 September 2002 and to whom C5 had directed police
195 Consultant psychiatrist statement for Inquest
196 JP Affidavit 19/06/03 for extension of Injunction
197 C5 Statement (1) to PDHR
198 C5 Statement (2) appendix A to PDHR
officer‘s attention on 20 April 2003) and the officer agreed to do so. When C5 phoned the officer later at least twice he assured C5 that the matter was in hand.199
The annotated affidavit together with other correspondence including Julia and Alan‘s wills, instructions to executors, handwritten notes from Alan etc were received at Pangbourne Police Station by PS G. Attached to the papers was an unsigned and undated handwritten note addressed to PC C that referred to the Crime Report number for the super glued locks on which was written ‗Copy of Injunction & correspondence between Pembertons. Please call ASAP!‟200
PS G forwarded the papers to PS B to be allocated to PC C.201
At 1928hrs (1 min 2 secs)and at 2051hrs (1 min 29 secs)telephone calls were made from Old Hallowes to a police mobile, one of a batch allocated for collective use at Thatcham Police Station; TVP have no record of these calls. 202
15 May - Alan went on holiday to the Maldives.203
16May - at 19:28hrs (3 mins 33 secs) a telephone call was made to the same police mobile as on 15 May from Old Hallowes.204 TVP have no record of this call.
17 May - TVP Crime Report regarding glued locks as follows:
„17/05/03: ‗Spoke to Mrs Pemberton she said that she had not expected any action she just wanted it recorded. I explained that without further evidence we could not take this any further. PCW I therefore suggest that this is filed. PC D‟
199 C5 Statements (1)&(2) to PDHR
200 TVP MSR – TVP were not able to identify the date when the documents were received at Pangbourne Police Station.
201 TVP MSR states that PS B, PC C and PC D did not recollect receiving the papers. The annotated affidavit and other papers were found with the closed glued locks crime report by the TVP reviewers with the note but without a copy of the injunction. The date the papers had joined the closed glued locks crime report is not known.
202 BT Telephone record for Old Hallowes; TVP information to PDHR
203 JP diary
204 TVP have no record of who was using the mobile phone or what information if any was exchanged between Julia and a police officer on 15 and 16 May
17 May – Julia‘s eighth contact with TVP (TVP Crime Report)
Julia recorded in her diary that she had received a telephone call from Newbury Police Station: „Tel call from Newbury Police- re locks incident- no evidence can‟t take any further.‟
18May – TVP Crime Report record regarding glued locks as follows:
‗OIC [Officer in charge] has spoken to agg. [aggrieved] She was surprised police were investigating. She only notified police for recording purposes. She fully accepts that without any evidence police action is limited. All lines of enquiry complete. PCW please file papers sent 18/05/03.‟
19 May - Julia‘s GP wrote to her solicitor advising that she was signed off work until 19 June.
19 May - Julia telephoned the examination tutor at William‘s school and wrote a follow up letter to alert the examinations board to the potential impact of the „huge pressure‟ he was experiencing which she believed would have an impact on his performance in his forthcoming GCSEs:
„he is having to deal with our marital breakdown which began in 2002 but which has become increasingly ugly in the past weeks, making it more difficult for him to deal with, he is extremely worried about me as I have been subject to death threats and William has had to endure suicide threats and very difficult behaviour from his father.‟205
22 May - (Julia‘s sixth consultation with the GP since September 2002) the GP recorded:
‗Insomnia some benefit only, feels weak, tired but denies depression, not catnapping, no physical symptoms; review two weeks.‟206
28 May - Alan returned from his holiday in the Maldives.207 He gave William a letter and a copy of the annotated affidavit. In the letter (dated 14 May) Alan described over four sides of
205 WBC IMR
206 Berkshire West PCT IMR
A4 his anger towards Julia because of the contents of her first Affidavit which he noted he had sent to William previously. Alan referred to four court cases; the injunction, divorce, financial settlement and the split of financial assets. He referred to a suggestion William had made about acting as a go-between:
„…I will not accept that your mother can undertake such a heinous act and get away with it…I can‟t describe the anger I have for your mother… I absolutely hate the one who has destroyed my life in the past several months…I advised her not to take legal action and that if she did I would fight it to the death I have nothing to lose now…
You asked what I would accept now. The most sensible solution would be for Mum to apologise and for me to accept her back - I don‟t think she‟ll do that.
…The only acceptable solution to me now is if she were to disappear and give me back my children, home and wealth - I don‟t think she‟ll do that either in which case we‟re heading towards a disaster and the end of the Pemberton family that I was so proud of having jointly achieved with your Mum.
…You know what my objective is-it‟s quite simple-it will however be a pyrrhic victory!‟ 208
28 May to 2 June - Alan was golfing in France.209
29 May - Julia noted in her diary that she had discussed Alan‘s letter and the annotated affidavit with William as well as her real fears. At 2049hrs (7 mins 5 secs) a telephone call was made from Old Hallowes to Newbury Police Station and at 2111hrs (2mins) a further telephone call was made from Old Hallowes to the same police mobile phone as on 15 May; TVP have no record of these calls. 210
207 JP diary
208 JP Affidavit 19/0/6/03 ; extracts from letter to William which was included as exhibit
209 C5 to PDHR Information from JP records
June
2 June - 0937hrs (1min 3 secs) a telephone call was made from Old Hallowes to the DVC extension at Newbury Police Station; TVP have no record of this call.211
3 June - at 1213hrs (53 secs) a telephone call was made from Old Hallowes to the DVC extension at Newbury Police Station; TVP have no record of this call.212
3 June - (Alan‘s fourth consultation since September 2002) GP recorded:
„Remains deeply unhappy re divorce proceedings, allegations, tearful, seeing psychiatrist next week, difficulty tolerating medication (fluoxetine 40mg) because of nausea reduced to 20mg occasional fizzy sensation in left leg, lasts 30 seconds, still thoughts of suicide-encouraged to discuss with [private consultant psychiatrist]
review 1 week later.‘213
4 June – at 1029hrs (2mins 14 secs) a telephone call was made from Old Hallowes to the DVC extension Newbury Police Station; TVP have no record of this call. 214
5 June - (Julia‘s seventh consultation with the GP since September 2002) GP recorded:
„some anxiety symptoms, mentions distressing letter from husband to William over 4 sides A4, concerned about safety self and family, seeing police support and solicitor, good family help, denies depression review in 2 weeks Insomnia, Zoplicore [sleeping tablet] helps for 4 hours.‟215
5 June - Julia wrote in her Financial Statement216 she was intending to seek an order for sale of the house and required a sufficient share of the proceeds to re-house herself, William and C19. She wished to take full control of finances and not to be dependent on Alan; she was
211 BT telephone records Old Hallowes C5 information to PDHR; TVP information to PDHR
212 BT telephone records Old Hallowes C5 information to PDHR; TVP information to PDHR
213 Berkshire West PCT IMR
214 BT telephone records Old Hallowes C5 information to PDHR; TVP information to PDHR
215 Berkshire West PCT IMR
216 Extract from Financial Statement (Form E) prepared by Julia dated 5/06/03
concerned about the control and manipulation he had exhibited in the past and was continuing to exhibit:
„He [Alan] has recently made veiled threats to kill me via our son William…he has threatened to „play dirty‟ and „take me all the way to the High Court.‟
9 June - Julia meeting with the DVC ninth contact with TVP (DVC record)
At the meeting (between 1030 and 1130hrs) the DVC completed a further Advice Form;
including directions to Old Hallowes. The DVC noted that Julia was ‗concerned for her safety for 7/7/03, advised personal safety‟ [date of Hearing for extension of the Injunction]. The DVC recorded on the Form she had discussed with Julia changing her telephone number; civil solicitor matter and that Julia did not want support form Berkshire Women‘s Aid. In relation to moving house, Julia had said if the Injunction was declined she might have to. On the Advice Form the DVC noted ‗VTSE‟ [violence to secure entry] against the item criminal proceedings. The DVC advised Julia to phone 999.217 The DVC also advised Julia about relaxation and supported Julia‘s wish for a community alarm.218
9 June - Julia noted in her diary that PC C left a message on her answer-phone ‗ref statement‟. Julia telephoned PC C and left a message ‗on answer-phone‟. At 1314hrs (2 mins 20 secs) a telephone call made to Pangbourne Police station from Old Hallowes; TVP have no record of this call. 219
10 June – Julia‘s tenth contact with TVP (DVC record)
The DVC opened a URN log whilst she was visiting Old Hallowes for the fitting of the alarm giving Alan as the offender and requesting „any calls treat as urgent.‟220 She met Julia with the person from the safety alarm company and an alarm was installed and tested; explicit instructions were included by the DVC on the notification to the Alarms Administrator
217 DVC Witness Statement 02/03/04 for Inquest
218 DVC Advice Form [incorrect date given as 9/05/03 on the Form] and DVC Witness Statement
218 DVC Advice Form [incorrect date given as 9/05/03 on the Form] and DVC Witness Statement